The question of when a person is culpable for taking an unjustified risk of harm has long been controversial in Anglo-American criminal law doctrine and theory. This survey of the approaches adopted in England and Wales, Canada, Australia, the United States, New Zealand and Scotland argues that they are converging, to differing extents, around a ‘Standard Account’ of culpable unjustified risk-taking. This Standard Account distinguishes between awareness-based culpability (recklessness) and inadvertence-based culpability (negligence) for unjustified risk-taking. With reference to criminal law theory and philosophical literature, the author argues that, when explained appropriately, the Standard Account is defensible and practical. Defending the Standard Account involves analysing in depth a number of controversial matters, including the meaning of advertence/awareness, the role of attitudes such as indifference in culpable risk-taking, and the question of whether negligence should be used in the criminal law.
On 20 May 1941, Generaloberst Kurt Student’s Luftwaffe XI Fliegerkorps conducted the first operational airborne invasion in history to seize Crete. Major-General Bernard Cyril Freyberg VC, 2nd New Zealand Expeditionary Force, commanded the British forces defending the island. Freyberg, forewarned of the details of the invasion, possessed numerical superiority over the enemy, but was defeated within twelve days. Freyberg, later blamed for the defeat due to his perceived faulty defensive dispositions, was dealt a losing hand from the start. His troops consisted of those that could be rescued from the failed Greek Campaign and lacked sufficient weapons, communications, and transport to conduct the defense. Despite the best efforts of the Royal Navy, overwhelming Luftwaffe air superiority in the absence of the Royal Air Force isolated Crete and the relentless drive of the attacking German forces captured it. Poor tactical leadership by Freyberg’s subordinate commanders and their failure to prosecute his operational plan led to defeat by the barest margin. While a tactical loss, Freyberg’s destruction of the 7th Flieger Division resulted in Hitler never considering an operational airborne assault again. Freyberg, although accepting responsibility for the defeat, should not be held entirely culpable for the loss of Crete.
Saber uno quin es no tiene equivalente. Cuestionado, sarcsticamente, sobre su identidad, Don Quijote, protest enfticamente: Yo s quin soy! Y Jess, modelo de integridad e independencia, lapidariamente, afirm de s mismo: Yo soy la verdad misma, la verdad absoluta: Yo en el Padre y el Padre en M. Y por ser la verdad, tambin Soy el camino y la vida. El descubrimiento de s conduce al ser humano a la autenticidad responsable. Hasta que punto…, intenta, en un estilo alegre, con lenguaje sencillo, facilitar al lector ayuda efectiva para conocerse, apropiarse de s mismo y disfrutar su autenticidad, deseable y verdadera individualidad: el descubrimiento del intrnseco propsito de su vida nica e irrepetible.
Yeo’s work examines the laws of England, Australia and India pertaining to the fault elements required for the crimes of murder and manslaughter. It contends that the Indian laws are superior and suggests a set of draft provisions which could comprise a viable model for reform of the English and Australian laws. The work is directly relevant to issues being considered in the development of the Model Criminal Code.
The municipal codes of well over a dozen countries expressly provide for the application of the general principles of law in the absence of specific legal provisions or of custom, and the Statute of the International Court of Justice stipulates that ‘the general principles of law recognised by civilised nations’ constitute one of the sources of international law to be applied by the Court; but the exact meaning and scope of this section of the Statute have always been a subject of controversy amongst international lawyers. In this printing of his classic 1953 work, Professor Bin Cheng inquires into the practical application of these principles by international courts and tribunals since the beginning of modern international arbitration with the Jay Treaty of 1794, and presents them as a coherent body of fundamental principles that in fact furnish the international legal system with its juridical basis. Citations from nearly 600 international arbitral and judicial decisions amply testify to the role of these principles in the international legal system and illustrate their application in practically every important field of international law.
“William Hughes’s Critical Thinking, recently revised and updated by Jonathan Lavery, is a comprehensive and accessible introduction to the essential skills required to make strong arguments. Hughes and Lavery give a thorough treatment of such traditional topics as deductive and inductive reasoning, logical fallacies and how to spot them, the importance of inference, how to recognise and avoid ambiguity, and how to assess what is or is not relevant to an argument. But they also cover a variety of topics not always treated in books of this sort – special concerns to keep in mind when reasoning about ethical matters and how the nature of a language can affect the structure of an argument. The book gives a lucid treatment of the differences between descriptive and evaluative meaning: one person’s freedom fighter is another person’s terrorist.” “For the fourth edition, Jonathan Lavery has added a new chapter on scientific reasoning, expanded the treatment of analogies, added numerous examples, and revised and updated the text throughout.”–BOOK JACKET.Title Summary field provided by Blackwell North America, Inc. All Rights Reserved
Presents an original theory of the nature of criminal law, anchored in liberal political theory Advances the understanding of apparent contradictions and paradoxes within the criminal law Offers a major reassessment of the nature and role of the harm principle in criminal law, of interest to liberal political philosophers as well as criminal law theorists This book sets out a new understanding of the penal law of a liberal legal order. The prevalent view today is that the penal law is best understood from the standpoint of a moral theory concerning when it is fair to blame and censure an individual character for engaging in proscribed conduct. By contrast, this book argues that the penal law is best understood by a political and constitutional theory about when it is permissible for the state to restrain and confine a free agent. The book’s thesis is that penal action by public officials is permissible force rather than wrongful violence only if it could be accepted by the agent as being consistent with its freedom. There are, however, different conceptions of freedom, and each informs a theoretical paradigm of penal justice generating distinctive constraints on state coercion. Although this plurality of paradigms creates an appearance of fragmentation and contradiction in the law, the author argues that the penal law forms a complex whole uniting the constraints on punishment flowing from each paradigm. Readership: Criminal law academics, legal and political philosophers, and criminal law students.
The Hispanic World Biblical Commentary includes 24 volumes, written in Spanish by authors recognized in the Hispanic World. Each volume of the Hispanic World Biblical Commentary offers a number of helps and aids including: – An ample introduction to each book of the Bible. – The entire printed text of the biblical passages in the RVA (New Reina Valera) version, with an abundance of explanatory notes. – A clear and profound exegesis and commentary on the biblical text. – Some of the practical helps include: Biblical jewels, sermon outlines, illustrations, practical truths, photographs and maps.